Disclaimer: Our law firm does not handle slip and fall cases. This article is for informational purposes only. The article’s information does not constitute formal legal advice or create an attorney/client relationship.
If you’ve slipped and fallen on someone else’s property, you could be entitled to compensation for your injuries. Slip and fall incidents can happen in many settings, including stores, restaurants, workplaces, and private residences.
Injuries from these accidents range from minor sprains and strains to more serious harm, including broken bones and head injuries. Getting prompt medical care, documenting what happened, and keeping records of treatment and related costs can help protect your health and preserve important information.
If you have questions about next steps after a slip, trip, or fall, consider speaking with a qualified attorney who handles premises liability cases.
How an Attorney Can Help With a Slip and Fall Accident Claim
Insurance companies sometimes downplay slip and fall claims as “minor.” In reality, falls can cause serious injuries, long-term limitations, and costly medical care. For many people and their families, the physical, financial, and emotional impact is anything but minor.
When you hire a personal injury attorney, you can trust that they will:
- Investigate the cause of your accident
- Identify the parties responsible for the conditions that led to your fall
- Gather evidence proving fault and liability
- File insurance claims and handle all matters related to settling those claims
- Demand the total value of your case after carefully documenting and analyzing your damages
- Work with leading experts to gather additional evidence when necessary
- File a lawsuit and take your case to court if settlement negotiations fail
If you were injured in a slip and fall accident, it can help to get reliable legal guidance about your options. A slip and fall accident attorney can explain how these cases work, what evidence may be relevant, and which deadlines may apply under Ohio law.
Common Causes of Slip and Fall Accidents
Slips, trips, and falls are common personal injury claims. A slip and fall is when your foot slips out from under you because you lose traction with the floor. A trip and fall occurs when your foot encounters an object, stops, and your body falls forward. Both types of falls are dangerous.
Many slip and fall accidents are caused by a property owner’s negligence or wrongdoing. Common causes of slip and fall accidents include:
- Damaged flooring
- Slippery or wet surfaces
- Uneven flooring and surfaces
- Loose rugs and mats
- Inadequate lighting
- Cracks and potholes
- Obstacles in walkways
- Lack of handrails
- Poorly maintained stairs
- Exposed cables and wiring
The property owner and/or the party in control of the property could be liable for your injuries. However, you must prove the elements of a premises liability claim before you can recover compensation for your damages.
Where Slip and Fall Accidents Happen
A slip and fall accident may happen anywhere. Examples of places where slip and fall accidents occur include:
- Amusement parks
- Schools and daycares
- Restaurants, stores, and other businesses
- Entertainment and sports venues
- Escalators and elevators
- Apartment complexes
- Swimming pools
- Parks and gyms
- Sidewalks and walkways
- Bars and nightclubs
- Gas stations
- Parking lots and garages
An attorney can help determine if you have a claim against a property owner or other party for damages after a fall.
How Do I Prove Liability for a Slip and Fall Accident?
Generally, slip and fall accidents are covered by premises liability. Property owners have a duty to maintain safe premises for their invitees and guests. They can be held liable for injuries and damages if they fail to meet their duty of care.
Other parties who have control of the property could also be liable. Those parties include, but are not limited to, renters, management companies, business owners, and companies.
The legal elements of a slip and fall accident claim are typically:
- The property owner had a legal duty of care.
- They breached their duty of care.
- Their breach of duty was the direct and proximate cause of your injuries.
- You sustained injuries and damages.
You can help build a case for liability by documenting the accident scene after your fall. If possible, take photographs and videos of the area.
Slip and Fall Accidents Can Result in Severe Injuries
Victims of slip and fall accidents may sustain catastrophic injuries. Some injuries could lead to death or permanent impairment. Common types of injuries include:
- Back injuries
- Ankle and wrist injuries
- Traumatic brain injury
- Neck injuries
- Broken bones and fractures
- Spinal cord injuries
- Paralysis
- Soft tissue injuries
- Facial injuries
- Lacerations and wounds
Seek medical care as soon as possible after a fall. Prompt treatment protects your health and helps document your injuries, which can be important when showing that the fall caused your condition.
What Damages Are Available for a Slip and Fall Accident?
A slip and fall accident can cause several types of damage. You may sustain physical injuries and experience emotional distress. You also incur financial losses and expenses related to the accident.
Ohio tort law provides for compensatory damages in personal injury cases. Therefore, you can receive reimbursement for economic damages, including:
- Medical bills and expenses
- Rehabilitative therapies
- Out-of-pocket expenses
- Property damage
- Household services and personal care
- Lost wages and benefits
You can also seek compensation for your pain and suffering. These damages are called non-economic damages and include:
- Impairments and disabilities
- Physical pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring and disfigurement
- Mental anguish
If your slip and fall accident causes a life-long impairment, you may recover future damages. These damages represent the losses you will continue to incur for the rest of your life because of the impairment. Examples of future damages include diminished quality of life, reductions in earning capacity, long-term care, and ongoing medical treatment.
What Happens if I Am Partially at Fault for My Slip and Fall Accident in Ohio?
Ohio Revised Code §2315.33 states that partial fault does not bar a victim from recovering damages, as long as they are less than 51% at fault. However, the victim’s compensation is reduced by their percentage of fault.
For example, suppose a jury awards you $500,000 for damages in a slip and fall accident case. However, the jurors decided you were 10% to blame for your fall. The court would reduce the award by 10% or $50,000 for your own fault in causing your fall. Instead of receiving the full $500,000 award, you would only receive $450,000.
Insurance adjusters search for ways to blame victims. They might try to trick you into saying something that could be twisted to imply fault. Letting your attorney handle the communications with the insurance company is best.
What Is the Statute of Limitations for Slip and Fall Accidents in Ohio?
The statute of limitations sets a deadline for filing a personal injury claim. Ohio’s statute of limitations for most personal injury cases is typically 2 years from the date of injury, including premises liability cases.
However, there are exceptions to the rule that could change the deadline. The facts of the case may also change the deadline to file a lawsuit, such as the parties involved.
A Slip and Fall Accident Lawyer Can Help You
If you were hurt in a slip and fall, you may still have questions about what happened, who may be responsible, and what steps to take next. Focus on your recovery first, and consider gathering basic information such as incident reports, photos of the area, witness names, and medical records.
You can speak with a qualified attorney who handles premises liability claims in Columbus, Ohio. They can answer your questions and provide you with legal guidance.
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Columbus Slip and Fall Accident Blog Posts
Additional Columbus Slip and Fall Accident Resources
Ohio Bureau of Workers’ Compensation (BWC) – Fall Prevention
Older Adult Health – Fall Prevention
How to Prevent Falls – Ohio State University
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